投資に関する特定要件の禁止及びその例外
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2. Neither Contracting Party may condition the receipt or continued receipt of an
advantage, in connection with investment activities of an investor of a Contracting Party
or of a non-Contracting Party in its Area, on compliance with any of the following
requirements:
(a) to achieve a given level or percentage of domestic content;
(b) to purchase, use or accord a preference to goods produced in its Area, or
to purchase goods from a natural person or an enterprise in its Area;
(c) to relate in any way the volume or value of imports to the volume or value
of exports or to the amount of foreign exchange inflows associated with
an investment of the investor;
(d) to restrict sales of goods or services in its Area that an investment of the
investor produces or provides by relating such sales in any way to the
volume or value of its exports or foreign exchange earnings; or
(e) to restrict the exportation or sale for export.
3. (a) Nothing in paragraph 2 shall be construed to prevent a Contracting Party
from conditioning the receipt or continued receipt of an advantage, in
connection with investment activities of an investor of a Contracting Party
or of a non-Contracting Party in its Area, on compliance with a
requirement to locate production, supply a service, train or employ
workers, construct or expand particular facilities, or carry out research and
development, in its Area.
(b) Subparagraph 1(g) shall not apply when the requirement is imposed or the
commitment or undertaking is enforced by a court of justice,
administrative tribunal or competition authority to remedy an alleged
violation of competition laws.
(c) Subparagraph 1(g) shall not apply when the requirement concerns the
transfer of intellectual property rights which is undertaken in a manner not
inconsistent with the TRIPS Agreement.
(d) Subparagraphs 2(a) and 2(by
an importing Contracting Party relating to the content of goods necessary
to qualify for preferential tariffs or preferential quotas.
4. Paragraphs 1 and 2 shall not apply to any requirement other than the requirements
set out in those paragraphs.